Smith County Constable Henry Jackson reported to federal prison Friday to serve a six-month sentence for tax evasion at the Federal Correctional Institution, Seagoville, a low-security U.S. federal prison housing men.
Jackson has not resigned or waived receipt of compensation from Smith County while he is incarcerated, despite Smith County Judge Nathaniel Moran’s requests of him to do so.
“There is no change to Constable Jackson’s status,” Moran said.
Contacted by phone on Thursday afternoon, Jackson said he was doing very well but would not comment about his case or prison sentence.
The Texas Commission on Law Enforcement has a process to take enforcement action on Jackson's license. That process is ongoing, said TCOLE spokeswoman Gretchen Grigsby.
The process to suspend a peace officer’s license starts with TCOLE sending a licensee a notice of intent to suspend the license.
Grigsby said Jackson has not been sent a notice of intent to suspend his peace officer license.
“The notice of intent will be sent to him upon his release from jail,” Grigsby said. “This will allow him the opportunity to request a hearing through the State Office of Administrative Hearings.”
Jackson must request the hearing no later than 20 days after he receives the notice, according to TCOLE rules. If Jackson does not respond to the notice of intent to suspend his license, the suspension defaults to 10 years.
Grigsby said the State Office of Administrative Hearing’s procedure does not determine whether there will be a suspension. The judge makes a recommendation to the TCOLE commission for the length of time Jackson’s license should be suspended.
Jackson could receive a minimum suspension of 120 days up to a maximum of 10 years for the Class A misdemeanor, which is equivalent to the federal crime for which he was convicted.
The TCOLE makes the final decision on the length of the suspension, Grigsby said.
Jackson, who first was elected constable in 1999, was sentenced Sept. 12 to six months in federal prison, followed by a year of probation for failing to pay four years of income taxes.